My question involves landlord-tenant law in the State of: CA
I have lived peacefully with my family in my apartment since 2014. These is an old complex with very thin walls. I have an autistic son who tends to run and jump and we took a first floor apartment for this reason - to avoid noise complaints from neighbors. All was well until 2 months ago when a new neighbor moved in behind us. He came around to our unit twice, and accused us once of having our TV on too loudly and the second time to complain about the banging / hammering against the walls -- when he came around the second time to accuse me of banging / hammering on the walls, my son was at school. claiming that the banging happened about "10 minutes ago" (a blatant lie). I went to the leasing office to report his complaint and to tell them that I am all alone at home and not insane to bang or hammer against the wall. In fact, I was on the phone with my pediatrician when this guy came around to complain to me about the noise I was making at home. The manager said that she would talk to him -- he didn't come around after that.
Fast forward to today and I get a long email from the new manager that there had been a "couple of complaints" that "loud and excessive noises" are "emanating from my apartment at all hours of the day and the night". This infuriates me because my son sleeps at 9:00 pm (he's on prescription sleep meds to help him sleep a solid 8 hours). He's also on ADHD meds during the day (since March of this year) which has drastically reduced his hyperactivity and the running / jumping in the last 8 months. However, he is still severely autistic and does bang his head against the wall (never for more than once or twice as we immediately redirect him) and loves to go into the bathrooms and play with the shower / sink / and bangs the door (these are all repetitive behaviors associated with autism aka "stimming"). We do understand that kids can be noisy but I work extra hard to keep him safe and quiet, and with the combination of ADHD meds and sleep meds. the noise isn't "loud or excessive" and certainly never after 10 pm as he is fast asleep (I am exhausted by 9 pm and just want him to sleep).
I am really upset and worried. We've been for almost 4 years now and no complaints until this guy moved in 2 months ago. What are our options ? How do we prove that he's exaggerating ? I did tell them he came around when I was all alone at home to claim I was banging on the walls. I am a neurotypical adult in full possession of my senses and this isn't anything that I would do -- in fact, when my son is at school, I get all my chores done, phone calls made, run errands and just nap. I've recently started school and am not even home three days a week. My son is home from school only at 3:00 pm, so where is the question of "excessive noise" through out the day and overnight ?
Please help. Parenting a special needs child is hard enough and now this neighbor nuisance. What are my options ?
I have lived peacefully with my family in my apartment since 2014. These is an old complex with very thin walls. I have an autistic son who tends to run and jump and we took a first floor apartment for this reason - to avoid noise complaints from neighbors. All was well until 2 months ago when a new neighbor moved in behind us. He came around to our unit twice, and accused us once of having our TV on too loudly and the second time to complain about the banging / hammering against the walls -- when he came around the second time to accuse me of banging / hammering on the walls, my son was at school. claiming that the banging happened about "10 minutes ago" (a blatant lie). I went to the leasing office to report his complaint and to tell them that I am all alone at home and not insane to bang or hammer against the wall. In fact, I was on the phone with my pediatrician when this guy came around to complain to me about the noise I was making at home. The manager said that she would talk to him -- he didn't come around after that.
Fast forward to today and I get a long email from the new manager that there had been a "couple of complaints" that "loud and excessive noises" are "emanating from my apartment at all hours of the day and the night". This infuriates me because my son sleeps at 9:00 pm (he's on prescription sleep meds to help him sleep a solid 8 hours). He's also on ADHD meds during the day (since March of this year) which has drastically reduced his hyperactivity and the running / jumping in the last 8 months. However, he is still severely autistic and does bang his head against the wall (never for more than once or twice as we immediately redirect him) and loves to go into the bathrooms and play with the shower / sink / and bangs the door (these are all repetitive behaviors associated with autism aka "stimming"). We do understand that kids can be noisy but I work extra hard to keep him safe and quiet, and with the combination of ADHD meds and sleep meds. the noise isn't "loud or excessive" and certainly never after 10 pm as he is fast asleep (I am exhausted by 9 pm and just want him to sleep).
I am really upset and worried. We've been for almost 4 years now and no complaints until this guy moved in 2 months ago. What are our options ? How do we prove that he's exaggerating ? I did tell them he came around when I was all alone at home to claim I was banging on the walls. I am a neurotypical adult in full possession of my senses and this isn't anything that I would do -- in fact, when my son is at school, I get all my chores done, phone calls made, run errands and just nap. I've recently started school and am not even home three days a week. My son is home from school only at 3:00 pm, so where is the question of "excessive noise" through out the day and overnight ?
Please help. Parenting a special needs child is hard enough and now this neighbor nuisance. What are my options ?
Quiet Enjoyment: Noise Complaint Against Me by New Neighbor
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